Q&A

How long does it take to prepare H1B transfer application?

How long does it take to prepare H1B transfer application?

Although it may vary from case to case, processing for an H-1B transfer typically takes 4-8 weeks after the application has been submitted to USCIS.

Can I travel while H-1B transfer is pending?

You must not travel outside of the U.S. while the petition is pending. Leaving the country while USCIS is reviewing your petition will cause USCIS to consider your petition for a change of status to be abandoned. Once USCIS approves your change of status petition, you may travel internationally.

Can you travel while H1B is processing?

You can travel outside the US while H1B change of status is pending. The risk of travel is that USCIS will automatically abandon your Change of status request. You will have to get the hard copy of your approved H1B’s i797 and apply for an H1B visa at the US embassy before you can enter the USA with an H1B visa.

How long does it take to get the H1B transfer receipt?

First of all there is nothing called H1 transfer, basically your new employer is applying for a new H1 petition which is out of cap. Getting petition receipt takes 3–4 days irrespective of premium or normal processing. H1b visa transfer actually has 2 steps: Getting a LCA and then applying for transfer. LCA approval takes around 7 working days.

When do I need to transfer my H-1B visa to another employer?

H1 Transfer. If the person is currently working on an H-1B visa for one employer (or has worked in the recent past), and when such person changes jobs to another employer, the new employer has to file a new H-1B petition for the employee. Many people, including some immigration attorneys, call this process an “H1 transfer”.

Which is the official option for the H1B transfer?

It is a term coined for our convenience. The official option that corresponds to the H1B transfer is is called “Change of Employer”. It is selected on I-129 Form, which is filed with USCIS when you file a H1B transfer petition. See below Screenshot.

When do you start working for a new employer on H-1B?

After the new employer files for an H-1B transfer, you can start working for the new employer as soon as you get the receipt notice.

How long can I work while H-1B transfer is pending?

If your H1B transfer petition was filed on time (before expiration of I-94) and is pending beyond 240 days, you can continue to work even after 240 days, as the 240 days H1B rule is not applicable in this context. You are considered to be in period of authorized stay, meaning you are not accruing any unlawful presence.

Is there a time limit for H1B transfer?

Although it may vary from case to case, processing for an H-1B transfer typically takes 4-8 weeks after the application has been submitted to USCIS. Other factors that affect the H-1B transfer process length is the location of employment and which USCIS processing center is responsible for the application.

How long does it take to transfer a H-1B visa?

The processing time of a H1B visa transfer takes 1 to 4 months to process under a regular procedure and 15 to 30 days for premium processing. The answer from USCIS might be positive or negative. However, if the applicant wants the processing to go faster, they will have to pay the H1B transfer premium processing.

Can I transfer my H1B before 1st Oct?

Under this interpretation, H1b employees were able to transfer their H1b to a new employer before they had started working for the first employer on October 1, because the petition approval notice served as proof that the employee had already been “counted.”. The situation was the same for employees who received an H1b approval notice several years previously, but never started working the employer for various reasons.